Q617. Australian OCI holder in

India - Registering birth of child in

India . . .

Question: Dear Sir, I hope this email finds you in the best of your health and cheerful spirits. Myself and my wife acquired Australian citizenship in 2011 with OCI. Due to my health issues we have been moved back to India permanently in Sept 2012. My wife has given birth to a baby girl in Dec 2012 and the hospital has issued Indian birth certificate. So far we have not registered her name in Australian Embassy as we have decided to settle in India and we will apply for Indian citizenship once we have completed 5 years period. It would be very kind of you if you could assist me with my queries. 1. Do I need to register her name in Australian Embassy? 2. Do I need to obtain Australian citizenship for her as she was born in India and not an Indian citizen by birth? 3. Do I need to apply for her Indian citizenship as well along with us after 5 years, if so what are the documents required for her at that time? 4. Can I open resident saving bank a/c and apply for Aadhaar card now as I have been living in India for more than 12 months? Looking forward for a early response. Warm Regards, Ashish Saha Answer: As you and your wife are both Australian citizens, your child has a claim to Australian citizenship by descent. First you need to take steps to legalize your child’s status in India. To do this you need: 1. A passport for your child 2. A visa for your child to legally stay in India First you need to get a Australian passport for your child. Once passport is issued, you should apply for a Indian visa. Eventually you can apply for OCI for your child and as per your plans, after completing the five year residency requirement an application for Indian citizenship can be made. Basically you need to: • Submit an application to claim Australian citizenship by descent for your child to the Australian Embassy in India. • Get a passport for your child from the Australian Embassy • After getting passport for your child, you need to apply for an Indian visa for your child. While Indian visas are issued by Indian consulates abroad, those who are already in India, such as in the case of a baby born in India, must approach the Ministry of Home Affairs to authorize the issue of visa from within India. For information on how to approach the Ministry of Home Affairs for a new born child’s visa see answer to question number 209 titled ‘How to get visa for new born child in India to foreign parents ‘ I am also including a link to the Australian High Commission website page where you will find information on how to file your application in New Delhi to claim Australian citizenship and get a passport for your newborn child. Click Here to go to their web- page.